Callan v. Statham 64 U.S. 477 (1859)

U.S. Supreme Court

Callan v. Statham, 64 U.S. 23 How. 477 477 (1859)

Callan v. Statham

64 U.S. (23 How.) 477

Syllabus

Where a bill in chancery was filed to set aside a deed as being fraudulent against creditors, and it is charged in the bill that the consideration mentioned in the deed was not paid, it is not satisfactory that the defendant relies upon the answer that it was paid, considering the answer, which is responsive to the bill, as evidence of the payment, when the execution of the deed is surrounded by circumstances of suspicion.

In the present case, the payment of the purchase money was alleged to be a secret transaction between the vendor and vendee, and there were other circumstances attending the deed which surrounded it with suspicion. The evidence of payment must have been in the possession of the defendants, and they ought to have produced it.

The title of the defendant, although encumbered, could have been made clear; the price alleged to have been paid was inadequate; the vendor remained in possession and collected all the rents without accounting to the vendee; the circumstance that the vendor was heavily in debt, and suits pending and maturing to judgment when he made the deed -- all these things induce this Court not to disturb the decree of the court below, which directed the property to be sold for the satisfaction of creditors.

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